Rule2023-14150
Debt Collection Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 11, 2023
Effective
October 10, 2023
Issuing agencies
Defense Nuclear Facilities Safety Board
Abstract
The Debt Collection Act, as amended, requires federal agencies to either adopt existing regulations or promulgate their own regulations governing the collection of debts owed to the federal government. The Defense Nuclear Facilities Safety Board (Board) is a federal agency and has decided to adopt the regulations jointly issued by the Treasury Department and the Department of Justice.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 131 (Tuesday, July 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Rules and Regulations]
[Pages 44031-44032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14150]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules
and Regulations
[[Page 44031]]
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
10 CFR Part 1709
[Docket No. DNFSB-2023-01]
Debt Collection Procedures
AGENCY: Defense Nuclear Facilities Safety Board.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Debt Collection Act, as amended, requires federal agencies
to either adopt existing regulations or promulgate their own
regulations governing the collection of debts owed to the federal
government. The Defense Nuclear Facilities Safety Board (Board) is a
federal agency and has decided to adopt the regulations jointly issued
by the Treasury Department and the Department of Justice.
DATES: This final rule is effective October 10, 2023 unless significant
adverse comments are received by August 10, 2023. If the Board
withdraws the direct final rule as a result of such comments, it will
publish a timely notice of the withdrawal in the Federal Register.
ADDRESSES: You may submit comments at any time prior to the comment
deadline by the following methods:
Email: Send an email to <a href="/cdn-cgi/l/email-protection#4724282a2a22293307232921342569202831"><span class="__cf_email__" data-cfemail="50333f3d3d353e2410343e3623327e373f26">[email protected]</span></a>. Please include ``Debt
Collection Comments'' in the subject line of your email.
Mail: Send hard copy comments to the Defense Nuclear Facilities
Safety Board, Attn: Office of the General Counsel, 625 Indiana Avenue
NW, Suite 700, Washington, DC 20004-2901.
FOR FURTHER INFORMATION CONTACT: Patricia A. Hargrave, Associate
General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana
Avenue NW, Suite 700, Washington, DC 20004-2901, (202) 694-7000.
SUPPLEMENTARY INFORMATION:
I. Background
The Board is promulgating new regulations to implement the Debt
Collection Act (DCA), as amended, 31 U.S.C. 3701, et seq. The DCA
governs the federal government's debt collection activities. In
accordance with this law, the Treasury Department and the Department of
Justice jointly promulgated Federal Claims Collection Standards (FCCS),
31 CFR parts 900 through 904. Agencies may adopt the FCCS without
change or may prescribe agency regulations for collecting debts by
administrative offset that are consistent with the FCCS. 31 U.S.C.
3716. These regulations are required before an agency may collect a
debt by administrative offset. In this proposed direct final rule, the
Board adopts the FCCS without change.
II. Regulatory Analysis
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, agencies
must consider the impact of their rulemakings on ``small entities''
(small businesses, small organizations, and local governments) when
publishing regulations subject to the notice and comment requirements
of the Administrative Procedure Act. As noted in section III.
Rulemaking Procedure below, the Board has determined that notice and
the opportunity to comment are unnecessary because this rulemaking
constitutes a noncontroversial adoption of promulgated federal
regulations as allowed by federal law. Therefore, no analysis is
required by the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, as amended,
5 U.S.C. 804. This rule will not result in an annual effect on the
economy of $100,000,000 or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Paperwork Reduction Act
This rule contains no new reporting or recordkeeping requirements
under the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501 et seq.
This adoption of the FCCS does not require or request information from
members of the public. Therefore, this rulemaking is not covered by the
restrictions of the PRA.
Executive Order 12988 and Executive Order 13132--Federalism
According to Executive Orders 12988 and 13132, agencies must state
in clear language the preemptive effect, if any, of new regulations.
The creation of a direct final rule affects only how the Board collects
debts owed to the government, and therefore, has no effect on
preemption of State, tribal, or local government laws or otherwise have
federalism implications.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., provides that
before a rule may take effect, the agency promulgating the rule must
submit a rule report, which includes a copy of the rule, to each house
of the Congress and to the Comptroller General of the United States. If
the rule meets the definition of a major rule, the Comptroller General
must provide a report to Congress and the rule may not take effect
until 60 days after it has been published in the Federal Register. The
Office of Information and Regulatory Affairs has designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2). The Board is
submitting the rule report to Congress and the Comptroller General of
the United States.
Finding of No Significant Environmental Impact
Implementing these regulations will not result in significant
impacts affecting the quality of the human environment, unavoidable
adverse environmental effects, rejection of
[[Page 44032]]
reasonable alternatives to the proposed action, or irreversible or
irretrievable commitments of environmental resources. The agency has
not consulted with any other agencies in making this determination.
Executive Order 12866--Regulatory Planning and Review
Executive Order 12866 requires federal agencies submit significant
regulatory actions to the Office of Management of Budget. This rule is
not significant and will not have a significant impact on small
entities. This rule streamlines debt collection and only adopts
procedures allowed by statute.
III. Rulemaking Procedure
The Board is publishing this rule without a prior proposal because
it is an adoption of existing, promulgated rules, and the Board does
not anticipate any significant adverse public comments. This rule will
become effective on October 10, 2023. However, if the Board receives a
significant adverse comment by August 10, 2023, then the Board will
publish a notice in the Federal Register withdrawing this rule and
publishing the changes as a notice of proposed rulemaking. The Board
will respond to the significant adverse comment(s) in that notice of
proposed rulemaking and take an additional 30 days of comments before
publishing any final rule. If no significant adverse comment is
received, the Board will publish a confirmation of the effective date
of this direct final rule.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the Board staff to reevaluate (or
reconsider) its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the Board;
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition; or
(3) The comment causes the Board to make a change (other than
editorial) to the rule.
List of Subjects in 10 CFR Part 1709
Debts, Claims.
For the reasons described in the preamble, the Board amends title
10, Code of Federal Regulations, chapter XVII, by adding part 1709 to
read as follows:
Chapter XVII Defense Nuclear Facilities Safety Board
PART 1709--DEBT COLLECTION PROCEDURES
Sec.
1709.101 Cross-reference to executive branch-wide debt collection
regulations.
Authority: 31 U.S.C. 3716(b); 31 U.S.C. 3711(d)(2); 31 CFR parts
900 through 904.
Sec. 1709.101 Cross-reference to executive branch-wide debt
collection regulations.
The Defense Nuclear Facilities Safety Board adopts the regulations
at 31 CFR parts 900 through 904 governing the administrative
collection, offset, compromise, and the suspension or termination of
collection activity for debts or civil claims for money, funds or
property owed to the United States government as defined by 31 U.S.C.
3701(b).
Dated: June 28, 2023.
Joyce Connery,
Chairperson.
[FR Doc. 2023-14150 Filed 7-10-23; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.